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DECREE No

DECREE No. 93/1998/ND-CP OF NOVEMBER 12, 1998 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON SOCIAL INSURANCE, ISSUED TOGETHER WITH DECREE No. 12-CP OF JANUARY 26, 1995 OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Labor Code of June 23, 1994;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Article 1.- To amend and supplement a number of articles of the Regulation on Social Insurance, issued together with Decree No. 12-CP of January 26, 1995 of the Government as follows:

1. To amend and supplement Point b, Clause 1 of Article 27 as follows:

For laborers, who enjoy a monthly pension lower than that provided for in Clauses 2 and 3 of Article 26, their pensions shall be calculated according to provisions in Point a, Clause 1 of Article 27; but for each year of premature retirement as compared to the retirement age stipulated in Clauses 1 and 2 of Article 25, the average of the monthly wages which have been used as basis for calculating their social insurance premiums shall be reduced by 1%.

Particularly, male laborers who are aged from full 55 to under 60 and female laborers who are aged from full 50 to under 55, have paid social insurance premiums for full 30 years or more, and wish to retire, shall be entitled to pensions calculated by method stipulated in Point a, Clause 1 of Article 27, but for each year of premature retirement, the average of the monthly wages which have been used as basis for calculating their social insurance premiums shall not be reduced by 1%.

2. To add the following paragraph to the end of Clause 1 of Article 29:

Particularly for persons who had paid social insurance premium for full 15 years or more according to wage levels applicable to heavy or hazardous jobs or especially heavy or hazardous jobs, and have been transferred to other jobs with the social premiums paid according to the wage scales and brackets set by the State with lower wage levels, when they retire, their rank wage levels for five consecutive years of doing heavy or hazardous jobs shall be used for calculating the average level as basis for calculating their pensions.

3. To add the following Article 36a:

A female laborer�s maternity leave taken prenatally and postnatally shall be counted into the period eligible for social insurance regimes. During such leave, the female laborer and her employer shall not have to pay social insurance premium, which shall be paid by the social insurance fund.

Article 2.- This Decree takes effect 15 days after its signing.

The regimes applicable to beneficiaries of social insurance shall not be re-calculated before the effective date of this Decree.

Article 4.- The Minister of Labor, War Invalids and Social Affairs and the Minister of Finance shall have to guide the implementation of this Decree.

Article 5.- The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

NGUYEN TAN DUNG